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Patna High CourtCR. MISC./33001/2018allowed

Sahendra Sah And ANR v. The State Of Bihar

2018-06-06Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.33001 of 2018 (2) dt.06-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33001 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -NAWANGAR District- BUXAR ======================================================

1. Sahendra Sah son of Lalu Sah

2. Maya Devi, W/o- Shendra Sah Both are resident of village- Dhawachhua, P.S.- Nawanagar, Buxar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Gupta, Adv. For the Opposite Party/s : Mr. Sri Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nawanagar Police Station Case No. 37 of 2018, disclosing offences under Sections 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged recovery of country-made liquor was made from the abandon land behind the shop of Sahendra Sah, which is evident from seizure list and the petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. Hence, the petitioners deserve the privilege of

Patna High Court Cr.Misc. No.33001 of 2018 (2) dt.06-06-2018 anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd -cum- Special Judge, Excise Act, Buxar, in connection with Nawanagar Police Station Case No. 37 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T